A High Court action over the collapse of an embankment allegedly due to an outbuilding in the back garden of a house backing on to the northern rail line in Co Dublin has been settled.
In early February, Iarnród Éireann and Córas Iompair Éireann (CIÉ) sought an injunction over the construction following the collapse of an embankment along the rail line after heavy rainfall and which led to the temporary closure of the Dart line.
The order was sought against Kieran Brady and Virginia Synnott who the transport companies alleged had the outbuilding constructed to “a very significant extent” on CIÉ-owned land behind their property at Ashleigh Lawn, Malahide.
The defendants disputed the transport companies’ claims in a solicitor’s letter, which stated the land belonged to them.
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Iarnród Éireann claimed the large outbuilding structure was made of concrete blocks and the surcharge of water run-off from it on the crest of the embankment had caused its failure on or about January 29th last.
This soil slip led to the closure of the Dart line for a short time while it was cleared. It led to significant delays in the proper operation of the Dart, it was claimed.
It also meant that trains were required to slow down to 40km/h (25mph) at the site of the slope failure in case of further soil slips.
The case was adjourned several times to allow the parties exchange documents and also to examine the possibility of dealing with it by mediation. It was listed before the court on Thursday to give it a date for hearing.
On Thursday, barrister Raymond Delahunt, for the transport companies, told the court the matter had been settled. He wanted it adjourned for implementation of the settlement.
Judge Brian Cregan adjourned it to next month.
